The intended meaning of S87(1)(b)

[Peterbard]

thats very interesting...but totally irrelevant .....the case in which you refer to (PH) the judges decisions is an MBNA agreement- please show me the authority that says an MBNA customer is bound by the terms and conditions of an Egg agreeement!

 

Now show me ONE court case in which a judge has used the terms and conditions of an Egg agreement to find against a debtor with an MBNA agreement .......and i will leave this forum forever

 

surely it would have been a lot easier to utter those three little words

- begins with I and ends with wrong!

 

Sorry i thought we were discussing an interesting aspect of the termination clause in general. And how it can be applied to agreements in particular

 

Peter

 

Peter

[Peterbard]

Hi

Such a shame i was enjoying an intellegent debate for a while

 

Peter

[Peterbard]

Hi

Just to be clear althugh i do not think that most on here need clarification.

Yes the earlier contract does say that the termiantion cannot take place by either party unless the liablities are settled.

This is what it says and this is nonesense but it is true and MBNA must stand by it.There is no statutary reason why this cannot apply, it is totally irrational but there you have it.

I suppose it is why it was changed on latter agreements as illustrated by the Egg one i showed(perhaps i should have mentioned that Egg had a similar termination clause in their early agreements , i presumed that most on here new about it a they were involved in that discussion also) and others i have found.

Now how this mistake can be used to advantage i am not sure but it is certainly worthy of discussion.

 

Peter

[Peterbard]

HI

Thinking about the debtors temination i dont really think it make any practical differenc.

 

Scenario 1 the debtor cannot pay the installments so decides to terminate befoe she goes into arrears, on terminatiorn the liabilities become due and the court enforces, this would be an enorcemant due temination of the agreement not by breach of the debtor.

 

Scenario 2 THe debtorcannot pay the installments and wishes to terminate but cannot because she cannot afford to pay the outsanding ballance and this is a condition of the contract, she falls into arrears the creditor issues a default and the court enforces. This would be an enforcement on breach

 

Peter

[Peterbard]

you really are too much................ i have posted up the mbba contractual cancellation clause-

 

 

i am still waiting for you to produce an mbna contractual cancellation clause that uses the word "END" rather than "terminate"

Shadow beet me to it

 

Peter

[diddydicky]

Just to add to the debate... MBNA credit card t&c NOW state "End" and not "terminate"

 

https://wwwa.mbna.co.uk/apply/UKCCapp/Ctl/link?eid=48575E07

 

Section 10 is the bit you want

 

S.

 

most of the agreements dealt with on this forum are OLDER mbna agreements

 

i take your point- mbna clearly realised their mistake and corrected it

 

however the fact remains- the debtors attempt to END the agreement is conditional upon FIRST paying everything owed to the creditor

 

therefore if the repayment is not complied with FIRST then the terminating or ending is not effective

[Peterbard]

most of the agreements dealt with on this forum are OLDER mbna agreements

 

i take your point- mbna clearly realised their mistake and corrected it

 

however the fact remains- the debtors attempt to END the agreement is conditional upon FIRST paying everything owed to the creditor

 

therefore if the repayment is not complied with FIRST then the terminating or ending is not effective

 

Yes attemptiong to end their agreements. Not terminate this i think is why the term was changed "termination" as conutaitions within the act." End "just means that the agreement is discharged.

Peter

[Peterbard]

HI sorry missed the last poin

 

No paying the liabilities is not conditional to debtor temination unless the contract says it is and if the contract says nothing then it is not at all.

 

Peter

[MARTIN3030]

In consideration of the needs of the site team to be monitoring here,also any benefits to the wider CAG community that may or may not be following (after all much of what is being debated here has been exhaustively argued in many other threads)

And also in respect of the way that the tone and posting has gone recently,a decision has been taken to close this thread.